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Michael Alan Weiss, as Executor of Estate of Jane L. Marsh v. Peggy Pei Lin, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-55877 · judgment September 21, 2023


Certiorari denied · November 4, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

for certiorari review: (a) Has the 9th Circuit panel, and/or its clerk and staff attorney, used procedural or substantive springes unconstitutional under the 5th Amendment Due Process Clause, to deprive petitioners appeal of its $640,000 contractually vested and executed right in property and to defend it plainly and reasonably made, in a way that conflicts with decisions of this court in more than one of its constitutionally grounded due process decisions and hence in need of guidance? (b) Has the 9th Cir panel, and/or its clerk and staff attorney, sanctioned such a departure by the district court of the fundamental U.S. Constitutional principles of giving notice before it makes its decisions, and then after it made its decisions fail to give notice as to call for an exercise of this Court's supervisory power? (c) Has the 9th Cir panel and/or its clerk and staff attorney derailed assignment to a panel by the 9th Cir court, as a court, in a way that has so far departed from F.R.A.P. 34 by using its summary disposition General Order (hereafter G.O.) 6.5(c) procedure in violation of 28 U.S.C. 46(a) and thereafter conducting proceedings that were not full and fair, regular and meaningful, as to call for an exercise of this Court's supervisory power and guidance? (d) Because in 1994 only 11% of appellate opinions were on the merits and the rest of procedure, per Lawrence on Behalf of Lawrence v. Chater (U.S.N.C. 1996) 516 U.S. 163, 171 & FN 1 [116 S.Ct. 604, 133 L.Ed.2d 545]; and, today because the 12-31-23 report reveals that 60% of the appeals were terminated, can it

Counsel of record

For petitioner
Michael Alan Weiss
Law Office Michael Weiss

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 27 2025
    Rehearing DENIED.
  2. May 06 2025
    DISTRIBUTED for Conference of 5/22/2025.
  3. Nov 27 2024
  4. Nov 04 2024
    Petition DENIED.
  5. Oct 09 2024
    DISTRIBUTED for Conference of 11/1/2024.
  6. Sep 19 2024
    Motion for Judicial Notice of Michael Weiss submitted.
  7. Apr 08 2024
    Petition for a writ of certiorari filed. (Response due September 23, 2024)